Within the HES area, licensees must:
- facilitate conditions for the operator
- ensure that the operator fulfills its duties
- safeguard own duties
- have a management system (operator's and own duties)
- have in-house expertise and capacity
These requirements are founded on and explained in detail in the regulations and Storting White Papers.
The fact that HES requirements are stipulated in regulations is not unique to the evaluation of new players on the Norwegian shelf.
There is a long tradition of governing HES requirements in the petroleum activities through regulatory requirements. It is this tradition that also encompasses the requirements placed on licensees and new players.
The following provisions are relevant:
Licensees must:
- make necessary provisions
- ensure that the operator fulfills its duties
Section 10-6 of the Petroleum Act, preparatory works:
"Licensees shall ensure that the operator fulfils its special operator duties, e.g. through the performance of audits, and facilitate the operator's work by making the necessary provisions by means of budgets and decisions, etc."
Section 5 of the Framework Regulations, guidelines, the licensee's supervisory duty
- The licensee primarily has the responsibility for providing a proper framework in which the operator can carry out its tasks
- The licensee is also responsible for ensuring that the operator carries out these tasks. The licensee has a duty to ensure that the operator complies with its obligations.
The licensee:
- receives information from the operator
- has an independent duty to ensure that it receives sufficient information
- has a duty of action as regards circumstances that are not in agreement, etc.
- has a duty to carry out audits vis-à-vis the operator
- must ensure in particular that the operator carries out its tasks in connection with central and important circumstances
- the operator's management system,
- that the operator has an organization that is sufficiently qualified and has sufficient capacity
- that the operator pays special attention to problem areas and other factors that receive particular focus from the authorities
- that key applications are submitted to the authorities
The supervisory duty follows, and relates to, the Petroleum Act, health-related legislation and the scope of the Pollution Act.
The licensee shall safeguard its owns duties pursuant to specific provisions of the regulations
Chapter III of the Framework Regulations, Principles for health, environment and safety Re Section 7 Use of the principles in Chapter III:
The section functions as an introductory provision for the principles laid down in Chapter III. It states the legal significance of these principles.
As mandatory provisions, these provisions will be binding for the licensee, operator and others who participate directly in the petroleum activities.
Chapter III:
- Section 7 Use of the principles in Chapter III
- Section 8 Prudent petroleum activities
- Section 9 Principles for risk reduction
- Section 10 Organization and expertise
- Section 11 Good health, environment and safety culture
- Section 12 Health factors
- Section 20 of the Framework Regulations
Matters relating to health, environment and safety in plans for development and operation of petroleum deposits and plans for installation and operation of facilities for transport and exploitation of petroleum (PDO and PIO)
Plans that the licensee must prepare pursuant to Sections 4-2 and 4-3 of the Petroleum Act, shall... - Section 22 Decommissioning plan
The plan that the licensee must prepare pursuant to Section 5-1 of the Petroleum Act, shall...
Licensees shall have an HES management system
Section 13 of the Framework Regulations, Duty to establish, follow-up and further develop a management system
Licensees have a separate duty to:
- establish a management system
- follow up the management system
- further develop the management system
- limited to those parts of the regulations aimed at itself.
The management system must:
- follow up the duty to ensure that the operator complies with its duties
- follow up the duties that follow from specific provisions aimed at the licensee
(Framework Regulations Section 20 PDO and PIO, Section 22 Decommissioning plan and Section 25 Data regarding natural conditions)
The licensee must have its own expertise and capacity within the HES area
This is adressed in the Storting White Paper No. 7 (2001 - 2002), Relating to health, environment and safety in the petroleum activities, (Item 4.17.1)
New players will have to document sufficient resources and expertise to substantiate and document that they are qualified to carry out petroleum activities.
The regulations do not stipulate explicit requirements as to how many people must have expertise within health, environment and safety in the individual company, and the regulations also allow for the use of external expertise in these areas.
However, it is clear that a company cannot be qualified to safeguard its obligations under the health, environment and safety regulations, neither as operator nor licensee, without having its own personnel with this type of expertise.
The reason for this is that competent personnel are required e.g. for the following:
- to qualify a contractor used in the work on health, environment and safety
- to define a qualified assignment for a contractor who is to participate in the work
- to determine the quality of the products or services a contractor delivers within the field of health, environment and safety
- to determine the adequacy of the operator's HES management
